Resolution Number 19-02-05-01CC RESOLUTION NO. 19-02-05-01
DISCRETIONARY USE PERMIT (DUP) 17-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, APPROVING OF DISCRETIONARY USE PERMIT 17-002
AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION
RELATED TO THE DEMOLITION OF AN EXISTING 4,224 SQ. FT.
BUILDING WITH A DRIVE-THROUGH LANE AND THE CONSTRUCTION
OF A NEW 2,905 SQ. FT. WALK-UP AND DRIVE-THROUGH
RESTAURANT BUILDING FOR PROPERTY LOCATED AT 31872 DEL
OBISPO STREET (ASSESSOR PARCEL NUMBER 668-241-20)
(APPLICANT: 4G DEVELOPMENT ON BEHALF OF CHICK-FIL-A)
Whereas, 4G Development, PO Box 270571, San Diego, has requested
approval of AC 18-018, CUP 18-006, DUP17-002, SP 18-044, and TRP 17-038, to allow
the demolition of an existing 4,224 sq. ft. building, currently utilized by Citibank with an
ATM drive-through lane, and construction of a 2,905 sq. ft. walk-up eating establishment
with drive-through service including a 433 sq. ft. outdoor dining area. The project also
includes on-site improvements to the existing landscaping and parking lot area, a sign
program and a discretionary use permit for the modified drive-through lane at 31872 Del
Obispo Street (Assessor Parcel Number 668-241-20). The subject property, located on
the east side of Del Obispo Street and south of Ortega Highway, has a General Plan Land
Use Designation of General Commercial and a Zoning Designation of General
Commercial; and,
Whereas, the Planning Commission conducted a duly -noticed public
hearing on January 8, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302 to
consider public testimony on the proposed project and considered all relevant public
comments and adopted PC Resolution No.19-01-08-03 approving AC 18-018, CUP18-
006, SP18-044, and TRP 17-038 and recommending City Council approval of DUP 17-
002; and,
Whereas, the Theodore H. Stroscher Trust is the owner of real property
located at 31872 Del Obispo Street (APN 668-241-20); and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, The City's Environmental Administrator has determined that the entire project
is categorically exempt from further review under either of the following exemptions:
• Section 15302, Replacement or Reconstruction (Class 2). The entire project is
exempt under Section 15302 (b) because the proposed building is substantially the
same size, purpose and capacity of the to -be demolished building, as both are
commercial buildings with a drive-through lane. The project includes the demolition
of an existing 4,224 sq. ft. building with a drive-through lane to be replaced by a
1
2,905 sq. ft. walk-up restaurant building with a 433 sq. ft. outdoor dining area and
drive-through service.
• Section 15332, In -Fill Development Projects (Class 32). The entire project is
exempt per Section 15332 because the project meets the required conditions for
Class 32. The project is consistent with the General Plan and Title 9 of the
Municipal Code, Land Use. The project site is less than five acres (.63 acres); is
substantially surrounded by urban uses; has no value as habitat for endangered,
rare or threatened species; and is adequately served by all required utilities and
public services. Lastly, the approval of the project will not result in any significant
effects relating to traffic, noise, air quality, or water quality as substantiated by the
submitted Traffic Impact Analysis (TIA), accepted by the City Traffic Engineer, and
the Water Quality Management Plan that was approved by our Public Works
Department.
A Notice of Exemption (NOE) will be posted should the project receive final
approval; and,
Whereas, the City Council has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and
technical studies; and,
Whereas, the City Council conducted a duly -noticed public hearing on
February 5, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public
testimony on the proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby find that the entire project is Categorically Exempt
from further review under the California Environmental Quality Act per either State CEQA
Guidelines Section 15302; Class 2 "Replacement or Reconstruction" or Section 15332,
Class 32, In -Fill Development Projects). The entire project is exempt under Section 15302
(b) because the proposed building is substantially the same size, purpose and capacity
of the building proposed to be demolished, as both are commercial buildings with a drive-
through lane. The project includes the demolition of an existing 4,224 sq. ft. building with
a drive-through lane to be replaced by a 2,905 sq. ft. walk-up restaurant building with a
433 sq. ft. outdoor dining area and drive-through service. The entire project is exempt per
Section 15332 because the project is meets the required conditions for Class 32. The
project is consistent with the General Plan and Title 9 of the Municipal Code, Land Use.
The project site is less than five acres (.63 acres), is substantially surrounded by urban
uses, has no value as habitat for endangered, rare or threatened species, and is
adequately served by all required utilities and public services. Lastly, the approval of the
project would not result in any significant effects relating to traffic, noise, air quality, or
water quality as determined by the Traffic Impact Analysis (TIA), which was accepted by
the City Traffic Engineer, and the Water Quality Management Plan that was approved by
the City's Public Works Department. f
I
2
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby make the following findings as established
by Section 9-2.318, Discretionary Use Permit of Title 9, Land Use Code of the City of San
Juan Capistrano:
1. The proposed use and design are consistent with the maps and policies of the
General Plan. The proposed use is consistent with the maps and policies of the
General Plan, because the General Commercial land use designation provides for
a variety of commercial land uses that can co -exist compatibly with surrounding
land uses, including service-oriented activities serving a community -wide area and
population, such as a drive-through restaurant. The proposed use is located within
a commercial area consisting of compatible land uses such as retail and eating
establishments. Therefore, the proposed use is determined to be consistent with
the General Plan.
2. The proposed use and design are consistent with the purpose, intent, and
standards of the Land Use Code and any applicable specific plan or
comprehensive development plan, except as otherwise approved. The proposed
use and design are consistent with the purpose, intent, and standards of the Land
Use Code because a restaurant with a drive-through lane is allowed subject to the
approval of a Conditional Use Permit and Discretionary Use Permit in the General
Commercial zoning district. Additionally, the proposed use is to be located within
an existing commercial site previously developed with a commercial building with
a drive-through lane that is consistent with the intended land uses within the
General Commercial zoning district. There is no applicable specific plan or
comprehensive development plan for this property.
3. The site for the proposed use is adequate in size and shape to accommodate all
yards, open spaces, setbacks, walls and fences, parking and loading areas, fire
and building code considerations, trash and recycling enclosures, and other
features pertaining to the application. The site for the proposed use is adequate in
size and shape to accommodate all yards, open spaces, setbacks, walls and
fences, parking and loading areas, fire and building code considerations, trash and
recycling enclosures, and other features pertaining to the application because the
project would redesign the existing parking area in order to improve the circulation
pattern for the site by:
• Modifying the existing internal circulation to allow for safe and efficient vehicular
and pedestrian movement and to maximize stacking within the drive-through
lane
• Modifying the drive through aisle and distancing the queueing of vehicles from
parked cars and pedestrians to provide safer vehicular turn movements and
stacking;
• Providing walkway widths for the order/pick-up windows to provide defined and
functional pedestrian circulation;
• Including an outdoor dining patio to provide for a more open and pedestrian -
friendly dining experience.
3
Furthermore, staff has drafted a condition of approval that prohibits deliveries between
8:00 a.m. and 9:00 p.m. Lastly, the project complies with all required setbacks and
parking/access requirements and will not result in creating non -conformities or conflict
with Code requirements with respect to setbacks, parking, fire and building
considerations.
4. The proposed use and ongoing operation of the use are compatible with abutting
properties and the permitted uses thereof, and will not generate excessive light,
noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or
hazards. The proposed use and the ongoing operation of the use are compatible
with abutting properties and the permitted uses thereof and would not generate
excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances,
nuisances, or hazards because, as conditioned, the use would be similar in nature
to other businesses operating in the vicinity, would keep similar hours of
operation, has steady volume of customers with two anticipated peak hours. As
determined by the Traffic Impact Analysis, the project would not result in a
significant increase of inbound and outbound traffic, project access is adequate,
parking would be adequate, and the queuing capacity of the drive-through lane
would be adequate. Potential impacts have been addressed by the following
improvements to be implemented by the applicant:
• Restriping the existing common driveway to provide a separate outbound left -
turn lane and right -turn lane;
• Widening the existing common driveway by approximately three feet on each
side to improve site ingress and egress and reconstruct driveway to eliminate
vehicle bottoming out;
• Restriping the center median on Del Obispo Street to extend the existing two-
way left -turn lane further south to match the location of the existing common
driveway entrance to clearly indicate the existing ability of southbound traffic to
make a legal left -turn into the existing driveway entrance;
• Providing "Keep Clear" pavement markings on Del Obispo Street for
northbound traffic at the existing driveway entrance;
• Providing "Keep Clear" pavement markings within the parking lot at the north -
south drive aisle that is adjacent to the existing driveway entrance;
• Removing and relocating the existing planter area that contains the existing
Citibank monument sign to create a wider north -south drive aisle that will allow
for efficient vehicular movement on the subject site and between the adjacent
parcels; and
• Providing four "Stop" pavement markings within the parking lot where the aisles
converge on the north -south drive aisle.
5. The site for the proposed use has adequate access and parking to support the
use. The proposed use results in an on-site parking requirement of six parking
stalls with ten provided. Consequently, the subject site exceeds the on-site parking
requirement. The existing internal circulation would be modified to allow for safe
and efficient vehicular and pedestrian movement and to maximize stacking within
the drive-through lane. The width of the existing east -west two-way aisle provided
4
along the southerly portion of the property that leads to and from the existing
driveway would remain. A north -south drive aisle, and the adjacent parking stalls,
that are located on the west side of the existing building would be removed and
replaced with the outdoor seating area and one parking stall. The drive-through
-- ATM lane that is currently provided along the northern portion of the existing bank
building, would generally remain in the same location, however, the drive-through
lane for Chick-fil-A would be extended to allow for vehicle stacking for up to 17
vehicles (332 linear feet). The redesigned site, as determined by the Traffic Impact
Analysis, will have adequate access and parking to support the use.
6. The proposed use provides sufficient economic value and convenience to the
community to justify approval of a discretionary use permit such as community
investment, job creation, increase in sales taxes collected, or increase in customer
convenience. The project applicant is a well-known franchise quick -service
restaurant that operates under a locally -owned franchisee. Chick-fil-A restaurants
are highly successful and would generate additional sales tax for the City.
Additionally, the use would create local jobs as the proposed restaurant would
employ up to 60 individuals. Lastly, the proposed use provides a convenience to
the local community by offering the ability to obtain quick -service food as a
pedestrian or as a drive-through customer.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano hereby approves the project subject to those conditions
of approval established by Exhibit A, attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 pm, Wednesday, February
20, 2019. This project approval shall be valid for a period of 2 years from the date of
approval of this resolution, and shall expire on February 21, 2021 unless a time extension
request or building permit application related to this discretionary approval is submitted
to the City prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
APPROVED AND ADOPTS is 5'h d bruary 2019.
U
TO uL�]s3�1►�
BF_,*N L. MARYOTT, MAYOR
5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
COUNTY OF SAN JUAN CAPISTRANO)
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 19-02-05-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5th
day of February 2019, by the following vote:
L MEMBERS:
L MEMBERS:
L MEMBERS:
, CITY C
Reeve, Taylor, Farias
None
None
C
Bourne and Mayor Maryott
EXHIBIT A
RESOLUTION #: 19-02-05-01
CONDITIONS OF APPROVAL
Project #: DUP 17-002
Project Name: Chick-fil-A
APPROVAL DATE: February 5, 2019
EFFECTIVE DATE: February 21, 2019
EXPIRATION DATE: February 21, 2021
These conditions of approval apply to Discretionary Use Permit (DUP) 17-002, a
request for review of development plans that involves the demolition of an existing
4,224 sq. ft. building with a drive-through lane and construction of a new 2,905 sq. ft.
walk-up and drive-through restaurant building with a 433 sq. ft. outdoor dining area at
31872 Del Obispo Street (Assessor Parcel Number 668-241-20). Any proposed
changes to this approval shall be submitted to the City Development Services
Department, along with the required application and deposit or fee, for review. For the
purpose of these conditions, the term "applicant" shall also mean the owner or any
successor(s) in interest to the terms of this approval.
Planning
1. Discretionary Use Permit (DUP) 17-002 is granted to allow for the
demolition of an existing 4,224 sq. ft. building with a drive-through lane
and construction of a new 2,905 sq. ft. walk-up and drive-through
restaurant building with a 433 sq. ft. outdoor dining area. The project also
includes on-site improvements to the existing landscaping and parking lot
area, a sign program, and a discretionary use permit for the modified
drive-through lane at 31872 Del Obispo Street (Assessor Parcel Number
668-241-20). Approval is granted based on the development plans
submitted by 4G Development on January 30, 2019. These plans,
materials and the proposed use of the site are approved as submitted and
conditioned herein, and shall not be further altered unless reviewed and
approved by the affected city departments. Minor modifications to this
approval which are determined by the Development Services Director to
be in substantial conformance with the approved plans, and which do not
intensify or change the use or require any deviations from adopted
standards, may be approved by the Development Services Director upon
submittal of an application and the required deposit or fee. If not appealed,
this approval shall become effective on the first business day following the
fifteenth (15th) day after the date of City Council approval and shall expire
twenty-four (24) months after the effective approval date unless the use or
occupancy which is the subject of this action has taken place and all
conditions of approval have been met, or a time extension has been
granted by the City. Any application for an extension of time shall be
submitted to the Development Services Department, along with the
City Council Resolution 19-02-05-01 Conditions of Approval
DUP 17-002, Chick Ill -A February 5, 2019
Page 2 of 6
required deposit or fee, at least ninety (90) days prior to the expiration
date of this approval, except as otherwise approved by the Development
Services Director.
2. Chick-fil-A shall utilize multiple order takers to manually take orders,
accept payment, and assist with traffic movement in the parking lot during
the hours of 11:30 am to 1:30 pm and 4:00 pm to 6:00 pm and when
twelve vehicles are stacked in the drive-through lane to mitigate potential
circulation issues within the parking lot area. Order takers shall also
prompt patrons to close any gaps in the queue to maximize utilization of
the entire drive-through area.
3. Truck deliveries shall not occur between the hours of 8:00 am and 9:00
pm.
4. Prior to the issuance of a Certificate of Occupancy, the applicant shall
restripe the common driveway to provide a separate outbound left -turn
and right -turn lane as shown on the approved plans. Additionally, the
applicant shall replace the existing driveway pavers with like -for -like
materials. Prior to commencement of the work, the applicant shall provide
written notice to the northerly property owner that shares ownership of the
common driveway that access to the parcel is authorized by the utilities
and common driveway easement. The written notice shall also include a
description of the required restriping, a timeline for the work (date, time,
and estimated duration), a work plan for the restriping that will be
performed, and shall indicate that the northerly property owner may object
to the improvements or contact the applicant to work out changes to the
proposed work plan or timeline.
5. Prior to the issuance of a Certificate of Occupancy, the applicant shall
widen the existing common driveway by approximately three feet on each
side and reconstruct the driveway apron to help prevent vehicles from
bottoming out.
6. Prior to the issuance of a Certificate of Occupancy, the applicant shall
restripe Del Obispo Street median to extend the existing two-way left turn
lane further south to the location of the existing common driveway
entrance to clarify the legality of southbound traffic being allowed to make
a left turn into the existing driveway entrance.
7. Prior to the issuance of a Certificate of Occupancy, the applicant shall
install "Keep Clear" pavement markings for northbound traffic on Del
Obispo Street adjacent to the existing driveway entrance, as shown on the
approved plans.
�I
City Council Resolution 19-02-05-01 Conditions of Approval
DUP 17-002, Chick til --A February 5, 2019
Page 3 of 6
8. Prior to the issuance of a Certificate of Occupancy, the applicant shall
install "Keep Clear" pavement markings within the parking lot at the north -
south drive aisle that is adjacent to the existing driveway entrance, as
shown on the approved plans.
9. Prior to the issuance of a Certificate of Occupancy, the applicant shall
install "Stop" pavement markings and stop signs within the parking lot
where the aisles converge on the north -south drive aisle, as shown on the
approved plans.
10. Prior to the issuance of a Certificate of Occupancy, all eleven proposed
new trees shall be installed and shall be a minimum of 24" box size.
11. The installation of exterior newsstands, pay phones, or vending machines
shall be prohibited.
12. The applicant shall prevent loitering around the project site, and in all
parking areas serving the use during hours of operation.
13. The subject site shall be monitored daily and cleared of any trash, junk,
litter, and debris.
14. All roof -mounted mechanical equipment and/or duct work which projects
above the roof or roof parapet of the building shall be screened. Said
screening shall be architecturally compatible with the building and will
require approval of an Architectural Control application.
15. A qualified archaeologist (defined as an archaeologist on the List of
Certified Archaeologists for Orange County) shall be retained by the
project applicant and shall be present at pre -construction meetings to
advise construction contractors about the sensitive nature of cultural
resources located on and/or in the vicinity of the project site, as well as
monitoring requirements. A qualified monitor (defined as an individual with
a bachelor's degree in anthropology with archaeological monitoring
experience), supervised by the qualified archaeologist, shall observe on
and off-site construction activities that result in grading, and/or excavating
on or below the original ground surface (including during project -related
off-site utility [natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements). Should nonhuman
cultural resources be discovered, the monitor shall have the power to
temporarily halt or divert construction activities until the qualified
archaeologist can determine if the resources are significant and, if
significant, until recovered by the archaeologist. In the event that human
remains are discovered, construction activities shall be halted or diverted
City Council Resolution 19-02-05-01 Conditions of Approval
DUP 17-002, Chick fil-A February 5, 2019
Page 4 of 6
until the provisions of Section 7050.5 of the Health and Safety Code and
Section 5097.98 of the Public Resources Code have been implemented.
16. During construction/grading activities, a Native American monitor shall
observe construction/grading activities that result in grading, excavating,
and/or trenching on or below the original ground surface (including during
project -related off-site utility [e.g., natural gas, electricity, sewer, water,
drainage, communications, etc.] and roadway improvements). The Native
American monitor shall consult with the archaeological monitor regarding
objects and remains encountered during grading that may be considered
sacred or important. In the event that evidence of human remains is
discovered, the Native American monitor shall verify that the archaeologist
has notified the Coroner.
17. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
18. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
19. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
20. That the conditions of approval contained herein, shall be made part of the
construction drawings for the proposed development. Construction
drawings shall not be accepted for Plan Check without the conditions of
approval incorporated into the construction drawings.
21. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
City Council Resolution 19-02-05-01 Conditions of Approval
DUP 17-002, Chick-fil-A February 5, 2019
Page 5 of 6
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
22. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
23. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
24. A minimum of one week prior to final inspection by the Building and Safety
Department, the applicant shall schedule a final inspection by the Planning
Department.
Public Works -Engineering
25. An encroachment permit is required for construction work, activities,
staging or equipment/vehicle storage in the public right-of-way.
Applications and approvals for engineering permits are processed by the
Engineering Division of the Public Works and Utilities Department.
Orange County Fire Authori OCFA
26. Prior to the issuance of a building permit the applicant shall obtain OCFA
approval of a fire master plan (service code PR145), architectural plans
(service codes PR200-PR285), underground piping for fire sprinkler
systems (service code PR470-PR475), and fire sprinkler system (service
codes PR400-PR465).
27. Prior to concealing interior construction the applicant shall obtain OCFA
approval of a sprinkler monitoring system (service code PR500) and a
hood and duct extinguishing system (service code PR335).
Date of Approval: February 5, 2019
Resolution No.: 19-02-05-01
Effective Date: February 21, 2019
City Council Resolution 19-02-05-01
DUP 17-002, Chick fil-A
Applicant Acceptance of Conditions of Approval:
Applicant/Agent
Conditions of Approval
February 5, 2019
Page 6 of 6
Date